Federal Court of Australia
Brereton (Liquidator) v Gatto, in the matter of Get Concreted Pty Ltd (In Liquidation) (Lump Sum Costs) [2026] FCA 1426
File number(s): | NSD 1131 of 2026 |
Judgment of: | JACKMAN J |
Date of judgment: | 28 September 2026 |
Catchwords: | COSTS – quantum of lump sum costs – where affidavit of plaintiffs’ solicitor reasonably estimates costs with reasonable discount applied – quantum ordered in accordance with plaintiffs’ estimate |
Division: | General Division |
Registry: | New South Wales |
National Practice Area: | Commercial and Corporations |
Sub-area: | Corporations and Corporate Insolvency |
Number of paragraphs: | 2 |
Date of last submission/s: | 25 September 2026 |
Solicitor for the Plaintiff: | Hall & Wilcox |
Counsel for the Defendant: | The Defendant did not appear |
ORDERS
NSD 1131 of 2026 | ||
IN THE MATTER OF GET CONCRETED PTY LTD (IN LIQUIDATION) | ||
BETWEEN: | MICHAEL BRERETON AND SEAN WENGEL AS JOINT AND SEVERAL LIQUIDATORS OF GET CONCRETED PTY LTD (IN LIQUIDATION) (ACN 138 261 784) First Plaintiff GET CONCRETED PTY LTD (IN LIQUIDATION) (ACN 138 261 784) Second Plaintiff | |
AND: | DANIEL GATTO Defendant | |
order made by: | JACKMAN J |
DATE OF ORDER: | 28 September 2026 |
THE COURT ORDERS THAT:
1. The lump sum of the plaintiffs’ costs to be paid by the defendant pursuant to Order 2 made on 24 September 2026 is $27,422.48.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
JACKMAN J:
1 On 24 September 2026, I gave default judgment for the plaintiffs with costs, and ordered that the plaintiffs file an affidavit by the following day in relation to the quantification of the lump sum costs order.
2 The plaintiffs duly filed an affidavit of Ms Megan Scott, a partner of Hall & Wilcox, the plaintiffs’ solicitors. Ms Scott quantifies those costs in the amount of $27,422.48, comprising professional fees (after a 25% discount has been applied) of $22,867.13, and disbursements (with no discount) of $4,555.35. I am satisfied that the amount claimed is reasonable, and corresponds to the amount which would likely be recoverable on assessment on a party-party basis.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman. |
Associate:
Dated: 28 September 2026
